IN THE UNITED STATES DISTRICT COURT
FOR THE_________________ DISTRICT OF TEXAS
[DIVISION] DIVISION

UNITED STATES OF AMERICA,	     §
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V.	                                                                 §		NO. [CASE NUMBER]
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[CLIENT]	                                                     §
	
RESPONSE TO GOVERNMENT’S MOTION 
FOR PSYCHIATRIC AND PSYCHOLOGICAL EXAMINATION

	COMES NOW defendant, [CLIENT], by and through _______________, and files this response to Government’s Motion for Psychiatric and Psychological Examination and would respectfully show the court as follows:
I.
	Counsel for Defendant has conferred with Defendant on several occasions and is of the opinion that, although Defendant is mentally retarded and illiterate, [CLIENT HE/SHE] is not suffering from a mental disease or defect to the extent that [CLIENT HE/SHE] is unable to understand the nature and consequences of the proceedings against [CLIENT HIM/HER], nor is [CLIENT HE/SHE] unable to assist properly in [CLIENT HIS/HER] defense.  18 U.S.C.  § 4241.  Additionally, Counsel for Defendant has informed the Government’s lawyer that there is no good faith reasonable basis to believe the Defendant might be incompetent.  Illiteracy is not incompetence.  
II.
	Likewise, counsel for Defendant knows of nothing to suggest that the Defendant was suffering from a mental disease or defect at the time of the alleged commission of the offense to the extent that [CLIENT HE/SHE] was unable to appreciate the nature and quality or the wrongfulness of [CLIENT HIS/HER] acts.  18 U.S.C. § 4242.  Counsel for the Defendant has informed the Government’s lawyer that there is no good faith reasonable basis to believe the Defendant might have been insane at the time of the alleged offense.   Again, illiteracy is not insanity.  Moreover, the Defendant will not be asserting the insanity defense.  Counsel for the Defendant would submit to the Court that the Government does not in good faith believe that the Defendant is either incompetent or insane and has filed the Motion for Psychiatric and Psychological Examination for the purpose of delay, among others.
						Respectfully submitted,

						
							
						Name
						Bar No. [BAR NUMBER]
						Address
						Telephone
						Attorney for Defendant
						
CERTIFICATE OF SERVICE

	I, ____________________, certify that on the               day of [MONTH], [YEAR], a copy of the foregoing was hand-delivered to the United States Attorney's office at _______________________________.
							
						Attorney for Defendant